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Commission Minutes—April 15, 2024 5852
<br />statewide discussion. He said possibly the North Dakota Association of Counties could assist in
<br />getting the discussion started.
<br />8. ROAD, Public hearing on road closures set for May 20, 2024
<br />The County has been working with the Metro Flood Diversion Authority (FMDA) and Cass County
<br />Joint Water Resource District (CCJWRD) on road closures for the construction of the FM Diversion
<br />project. In April of 2021, Cass County, FMDA, and CCJWRD approved a Memorandum of
<br />Understanding (MOU) for the construction of the diversion over road rights-of-way (ROW). Assistant
<br />County Engineer, Matthew Stamness was present and said the County is being asked by the FMDA
<br />and CCJWRD to prepare to close portions of 45th Street Southeast, 81st Stret South, 112th Avenue
<br />South that will be impacted by Phase 4 of the FM Diversion storm water diversion channel and
<br />associated infrastructure (SWDCAI). Mr. Stamness said pursuant to the terms of the MOU, the next
<br />step is to set a date and time for a public hearing on the requests. He said once the public hearing
<br />date and time is set, the Highway Department will send notices of the public hearing to landowners
<br />within 1,000 feet of the closures at least 30 days prior to the hearing. Mr. Stamness said the request
<br />is to set the public hearing on Monday, May 20, 2024, during the regular meeting of the Cass County
<br />Commission. He said following the public hearing, the Board will be asked to approve a resolution
<br />granting written permission to permanently obstruct the underlying section lines.
<br />Mr. Breitling moved and Mr. Grindberg seconded to set a public hearing for May
<br />20, 2024, during the regular meeting of the Cass County Commission for a
<br />resolution to grant written permission to permanently obstruct portions of 45th
<br />Street Southeast, 81st Street South, and 112th Avenue South. On roll call vote,
<br />the motion carried unanimously.
<br />9. COUNTY PLANNING, Final plat approval for FMD Berlin Subdivision approved
<br />The Cass County Planning Commission reviewed and recommended approval of the application of
<br />the proposed subdivision located in Berlin Township Sections 24, 25, and 36 at a public hearing on
<br />March 28, 2024. The intended purpose of the subdivision is to plat the diversion channel and related
<br />ROW.
<br />County Planner, Cole Hansen was present and said the application was submitted with a variance,
<br />however, this subdivision does not require the variance due to having over 40 acres. He said the
<br />subdivision is nearly 600 acres. He said all of the other Diversion plats will have a variance request
<br />and this application was included with the variance to keep all of the Diversion plats consistent.
<br />MOTION, passed
<br />Mr. Breitling moved and Mr. Kapitan seconded to accept the findings and
<br />recommendations of the Cass County Planning Commission and staff and
<br />approve the final plat for FMD Berlin Subdivision on the condition that access
<br />to the existing property is modified to comply with the Cass County Highway
<br />Access Ordinance, as the proposal meets the goals and objectives of the Cass
<br />County Comprehensive Plan, the Cass County Highway Access Plan, the Flood
<br />Damage Prevention Ordinance, the Cass County Subdivision Ordinance, and all
<br />other applicable regulations. On roll call vote, the motion carried unanimously.
<br />10. COUNTY PLANNING, Final plat approval for FMD Harwood Subdivision approved
<br />The Cass County Planning Commission reviewed and recommended approval of the application of
<br />the proposed subdivision located in Harwood Township Sections 1, 2, 3, 9, 10, 16, 17, 18, 19, 20,
<br />21, and 30 at a public hearing on March 28, 2024. The intended purpose of the subdivision is to plat
<br />the diversion channel and related road ROW.
<br />MOTION, passed
<br />Mr. Breitling moved and Mr. Kapitan seconded to accept the findings and
<br />recommendations of the Cass County Planning Commission and staff and
<br />approve the final plat for FMD Harwood Subdivision on the condition that
<br />access to the existing property is modified to comply with the Cass County
<br />Highway Access Ordinance, as the proposal meets the goals and objectives of
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